Intellectual Property EPA Business Brief

EPA Business Brief www.carib-export.com

In accordance with Article 66b of the Revised Treaty of Chaguaramas establishing the Caribbean Community including the CARICOM Single Market Economy, which speaks to the establishment of a regional administration for intellectual property rights, Article 141 of the EPA also seeks to promote regional integration and the harmonisation of intellectual property laws. In the case of patents, Article 141.1 encourages regional management of intellectual property rights through the establishment of a Regional Patent Office (RPO) and the grant of regional patents. The granting of regional patents would allow an inventor to file one single application with the RPO, which would result in automatic patent protection in all CARIFORUM countries. In addition to the regional management of patents, Article 147 of the EPA requires CARIFORUM countries to accede to the Patent Corporation Treaty (PCT), and the Budapest Treaty on the International Recognition of the Deposit of Micro-organisms for the Purposes of Patent Procedure (1977, amended in 1980). The EPA also encourages CARIFORUM countries to accede to the Patent Law Treaty (PLT). Currently, Antigua and Barbuda, Barbados, Belize, Dominica, Dominican Republic, Grenada, Saint Kitts and Nevis, and Trinidad and Tobago are all signatories to the PCT. OPPORTUNITIES UNDER THE EPA Dominican Republic and Trinidad and Tobago are signatories to the Budapest Treaty. OPPORTUNITIES UNDER THE EPA 1. The PCT allows for an inventor to file a single patent application through WIPO, and therein name countries in which the inventor wishes to seek a grant of patent. It reduces the costs and procedures associated with filing patent applications in individual national intellectual property offices. 2. The Budapest Treaty makes it easier for applicants to patent micro-organisms in multiple countries and limits national procedural requirements. 3. The Patent Law Treaty (PLT) also limits the requirements of filing a patent application and would therefore lower the cost of applying for a grant of patent in CARIFORUM countries. Currently, Antigua and Barbuda, Barbados, Belize, Dominica, Dominican Republic, Grenada, Saint Kitts and Nevis, and Trinidad a d Tob go are a l signatories t the PCT. Th Dominican Republic a d Trinidad and Tobago are signatories to the Budapest Treaty. 1. The PCT allows for an inventor to file a single patent application through WIPO, and therein name countries in which the inventor wishes to seek a grant of patent. It reduces the costs and procedures associated with filing patent applications in individual national intellectual property offices. 2. The Budapest Treaty makes it easier for applicants to patent micro-organisms in multiple countries and limits national procedural requirements. 3. The Patent Law Treaty (PLT) also limits the requirements of filing a patent application and would therefore lower the cost of applying for a grant of patent in CARIFORUM countries. Currently, Antigua and Barbuda, Barbados, Belize, Dominica, Dominican Republic, Grenada, Saint Kitts and Nevis, and Trinidad and Tobago are all signatories to the PCT. The Dominican Republic and Trinidad and Tobago are signatories to the Budapest Treaty.

3. In addition to exporting copyrighted works, under the Services Chapter of the EPA3, there are market access commitments by 26 European states (all EU Members except Belgium) for the exchange of entertainment services, except audio-visual. This means that CARIFORUM artists, musicians and other cultural practitioners, who are registered as a business, can send their members or employees to 26 EU states to supply entertainment services4 such as performances 5 , which are protected by copyright and related rights. 6 During the 2012 London Olympics, there was the successful export of entertainment services, namely performers, through the Caribbean Soul Fusion Concert which showcased artists such as BelO (Haiti), Claudia (St. Lucia), Michele Henderson (Dominica), Xiomara Fortuna (Dominican Republic), Mystic (Guyana), Mr. Dale and Arturo Tappin (Barbados), and Christopher Martin (Jamaica) 7 . E 3 4

Patents Inventions, such as the mobile phone and the steam engine, are protected by patents. Patents give legal rights to the creator of an invention to stop others from importing, selling, distributing or treating the invention in any way without the permission of the patent holder. In order to obtain a patent, the creator must have an invention that is new, not obvious to someone with knowledge and experience in the industry to which the invention relates, and one that is capable of being used or made in that industry. Applications for a grant of patent must be submitted for examination to national IP Offices, and once granted, is usually protected for up to twenty years from the filing date of the application. During this period, only the patent holder, or a licensee, can make, use or sell the patented product.

3 This falls within Article 83 “Contractual services suppliers and independent professions” of Chapter 4 “Temporary presence of natural persons for business purpose” of the EPA. 4 Kindly see Annex IV of the EPA for a detailed list of services sectors which includes the activities covered under the Central Product Classification (CPC) 9619 Entertainment Services list developed by the United Nations. 5 See Article 83 of the EPA for the specific conditions CARIFORUM entertainers must meet in order to benefit from the aforementioned market access. 6 (CRN), C. (2014). The CARIFORUM-EC Economic Partnership Agreement (EPA): Highlights of the Rules on Services & investment in the EPA. [online] http://cafein-online.net/.

Available at: http://file:///C:/Users/DELL/Downloads/Brief_Highlights_re_Services_and_Investment_in_the_EPA_IU.pdf [Accessed 7 Oct. 2014]. 7 Soul Fusion is coordinated by Caribbean Export Development Agency (Caribbean Export) under the 10th European Development Fund (EDF).